The judgment of the court below is reversed.

2.(a)

A defendant shall be punished by imprisonment for not less than three years and six months.

B. 30 million won from the Defendant.

The court below ruled that the cash received by the defendant in relation to the embezzlement among the facts charged in this case is KRW 500 million (hereinafter “the primary payment in this case”), and that the cash received by the defendant in relation to fraud and violation of the Attorney-at-Law Act was KRW 300 million (hereinafter “the second payment in this case”), and acquitted the defendant in relation to the remainder of the amount in this case.

The judgment below

As to the guilty portion, only the defendant appealed on the ground of unfair sentencing, and the prosecutor did not appeal on the acquittal portion of the reason.

In such a case, the part not guilty in the reason is also judged in the trial together with the guilty part due to the principle of non-guilty appeal. However, since the part not guilty in the reason is already separated from the object of attack and defense between the parties, it cannot be judged again in the trial.

(See Supreme Court Decision 2004Do5014 delivered on October 28, 2004). Therefore, the lower court’s conclusion as to the acquittal portion of the above reasons is tenable.

The gist of the defendant's appeal: Imprisonment with prison labor (seven years of imprisonment, additional collection of KRW 300 million) imposed by the court below on the defendant is too unreasonable.

Judgment